Fouad v. Blinken et al
ORDER DISMISSING CASE: IT IS ORDERED DIRECTING the Clerk to terminate this action given Plaintiff's notice of voluntary dismissal (Doc. 13) under Fed. R. Civ. P. 41(a)(1)(A)(i). Signed by Judge John C Hinderaker on 5/9/2022. (MCO)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Baker Jabbar Fouad,
Antony Blinken, et al.,
On February 28, 2022, Plaintiff Baker Jabbar Fouad (“Plaintiff”) filed a Petition for
a Writ of Mandamus and a Complaint for Injunctive Relief pursuant to the Immigration
and Nationality Act, 8 U.S.C. § 1101, et seq., the Administrative Procedures Act, 5 U.S.C.
§ 701, et seq., and 28 U.S.C. §§ 1331 and 1361, et seq. (Doc. 1.) Pending before the Court
is Plaintiff's Notice of Voluntary Dismissal. (Doc. 13.)
Federal Rule of Civil Procedure 41(a)(1)(A)(i) governs voluntary dismissals filed
by a plaintiff. A plaintiff may dismiss his or her action so long as the plaintiff files a notice
of dismissal prior to the defendant's service of an answer or motion for summary judgment.
See American Soccer Co., Inc. v. Score First Enterprises, 187 F.3d 1108 (9th Cir.1999)
(internal citations and quotations omitted). Here, Plaintiff has met the requirements under
the applicable Rule and there is no further action for this Court to take other than to ensure
that the Clerk of Court terminates this action. Accordingly,
IT IS ORDERED DIRECTING the Clerk to terminate this action given Plaintiff's
notice of voluntary dismissal (Doc. 13) under Fed. R. Civ. P. 41(a)(1)(A)(i).
Dated this 9th day of May, 2022.
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